Legal Question in Business Law in Florida

Liability for Florida LLC 's
I spoke to my resident agent today and he said that exclusivity is not required for LLC naming conventions in Florida, they are distinguished by tax id numbers. A quick check with the The Florida LLC law (Title XXXVI, Chapter 608, section 406(2)) states:

(2) The name of the limited liability company shall be filed with the Department of State for public notice only and shall not alone create any presumption of ownership beyond that which is created under the common law. The Department of State shall record the name without regard to any other name recorded.

So it seems he was correct.

1) What is to stop two companies with the same LLC name from simply claiming that each other is responsible for debts, etc., incurred in the name of your respective LLCs?

2) What will stop a creditor from attacking assets owned by my LLC if the creditor mistakes my LLC for another LLC with an identical name?

Asked on 12/13/04, 8:39 pm

Moses Williams Moses E. Williams, Attorney at Law

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Re: Liability for Florida LLC 's

I am available to review your LLC filings. I could then advise you on the case.

Answered on 12/14/04, 10:47 am

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